Divided En Banc 11th Circuit Rules For Kia On Worker's Claim Of Retaliation

Mealey's (July 31, 2020, 12:24 PM EDT) -- ATLANTA — A sharply divided en banc 11th Circuit U.S. Court of Appeals on July 29 reconsidered a panel's reversal of summary judgment for a car company on an employee's claim that she was retaliated against for filing her own Equal Employment Opportunity charge or, in the alternative, that the alleged reason — recruiting another worker to file their own change — was a protected activity and affirmed the lower court's decision, finding that she failed to show that she still would have been employed had she not filed her EEOC charge (Andrea Gogel v. Kia Motors Manufacturing of Georgia, Inc., No. 16-16850, 11th Cir., 2020 U.S. App. LEXIS 23936)....